Miata quasi-static roll spit test |
head injuries by softening the impact between the driver and the air bag.
Plaintiffs countered these defense claims with evidence that later
models of the Japanese Miata had air bags but no “rip stitching.” Plaintiffs also proved the officer’s speed calculations were flawed and found a witness who testified Tim was driving safely and within the speed limit. Moreover, even assuming that “rip stitching” arguably provides some benefit in certain frontal collisions, it leaves the occupant dangerously vulnerable during side impacts and rollovers and, therefore, violates the manufacturer’s duty to design a seat belt that protects the occupant in all foreseeable crash modes.
Tim and Judy reached a confidential settlement with Mazda shortly before trial. The settlement is more than three times higher than Mazda’s final offer in the similar San Antonio case.
Tim was a professor of foreign languages and literature at UMKC since 1981, head of the Spanish section, and faculty chair of the Arts & Sciences Department. In his “spare time,” Tim taught classes and coached soccer at the Barstow school to pay for his daughter’s tuition. Judy is also a professor and is chair of Modern Languages and Latin American Studies at Park University. Tim and Judy are both widely-published and collaborated on several published translations. Tim, Judy and their family have our heartfelt best wishes. |
